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TEXAS CONSTRUCTION COMPANY v. UNITED STATES

No. 16014.

236 F.2d 138 (1956)

TEXAS CONSTRUCTION COMPANY and United States Fidelity and Guaranty Co., Appellants, v. UNITED STATES of America for the use of CALDWELL FOUNDRY AND MACHINE COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

June 28, 1956.

Attorney(s) appearing for the Case

Donald G. Gay and John Plath Green, Dallas, Tex., for appellants.

William Burrow, Dallas, Tex., Eugene H. Hawkins, W. Bruce White, Birmingham, Ala., Hawkins Golden, Dallas, Tex., Leake, Henry, Golden & Burrow, Dallas, Tex., and Smyer, Smyer, White & Hawkins, Birmingham, Ala., for appellee.

Curtis White, John Fox Holt, Dallas, Tex., amici curiae.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

TUTTLE, Circuit Judge.

This appeal comes to us in an effort by the appellants to avoid the effect of a judgment entered in favor of the United States as use plaintiff for Caldwell Foundry and Machine Company, Inc. on a bond given under the Miller Act.1 The judgment of the trial court, which was entered on a mandate issued by this Court, rejected the appellants' belated contention that the District Court for the Northern District of Texas...

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